{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2105.html"}],"law_id":67419,"edition_id":1,"section_id":67419,"structure_id":13961,"section_number":"64.2-2105","catch_line":"Definitions; significant connection factors","history":"2011, c. 518, \u00a7 37.2-1037; 2012, c. 614.","full_text":"A\n\nIn this article:\n\t\t\t“Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.\n\t\t\t“Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.\n\t\t\t“Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.B\n\nIn determining under \u00a7 64.2-2107 and subsection E of \u00a7 64.2-2114 whether a respondent has a significant connection with a particular state, the court shall consider:1\n\nThe location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;2\n\nThe length of time the respondent at any time was physically present in the state and the duration of any absence;3\n\nThe location of the respondent’s property; and4\n\nThe extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.","order_by":null,"text":{"0":{"id":244259,"text":"In this article:\n\t\t\t“Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.\n\t\t\t“Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.\n\t\t\t“Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244260,"text":"In determining under \u00a7 64.2-2107 and subsection E of \u00a7 64.2-2114 whether a respondent has a significant connection with a particular state, the court shall consider:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":244261,"text":"The location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":244262,"text":"The length of time the respondent at any time was physically present in the state and the duration of any absence;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":244263,"text":"The location of the respondent’s property; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":244264,"text":"The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"ancestry":[{"id":13961,"edition_id":1,"name":"Jurisdiction","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13960,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":275657,"object_type":"structure","relational_id":13961,"identifier":"2","token":"64.2\/IV\/D\/21\/2","url":"\/64.2\/IV\/D\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13960,"edition_id":1,"name":"Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act","identifier":"21","label":"chapter","depth":4,"order_by":1,"parent_id":13266,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":275633,"object_type":"structure","relational_id":13960,"identifier":"21","token":"64.2\/IV\/D\/21","url":"\/64.2\/IV\/D\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13266,"edition_id":1,"name":"Guardianship of Incapacitated Persons","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275493,"object_type":"structure","relational_id":13266,"identifier":"D","token":"64.2\/IV\/D","url":"\/64.2\/IV\/D\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67419,"structure_id":13961,"section_number":"64.2-2105","catch_line":"Definitions; significant connection factors","url":"\/64.2-2105\/","token":"64.2\/IV\/D\/21\/2\/64.2-2105","metadata":false},{"id":66465,"structure_id":13961,"section_number":"64.2-2106","catch_line":"Exclusive basis","url":"\/64.2-2106\/","token":"64.2\/IV\/D\/21\/2\/64.2-2106","metadata":false},{"id":62347,"structure_id":13961,"section_number":"64.2-2107","catch_line":"Jurisdiction","url":"\/64.2-2107\/","token":"64.2\/IV\/D\/21\/2\/64.2-2107","metadata":false},{"id":64015,"structure_id":13961,"section_number":"64.2-2108","catch_line":"Special jurisdiction","url":"\/64.2-2108\/","token":"64.2\/IV\/D\/21\/2\/64.2-2108","metadata":false},{"id":55020,"structure_id":13961,"section_number":"64.2-2109","catch_line":"Exclusive and continuing jurisdiction","url":"\/64.2-2109\/","token":"64.2\/IV\/D\/21\/2\/64.2-2109","metadata":false},{"id":55431,"structure_id":13961,"section_number":"64.2-2110","catch_line":"Appropriate forum","url":"\/64.2-2110\/","token":"64.2\/IV\/D\/21\/2\/64.2-2110","metadata":false},{"id":71212,"structure_id":13961,"section_number":"64.2-2111","catch_line":"Jurisdiction declined by reason of conduct","url":"\/64.2-2111\/","token":"64.2\/IV\/D\/21\/2\/64.2-2111","metadata":false},{"id":81452,"structure_id":13961,"section_number":"64.2-2112","catch_line":"Notice of proceeding","url":"\/64.2-2112\/","token":"64.2\/IV\/D\/21\/2\/64.2-2112","metadata":false},{"id":62460,"structure_id":13961,"section_number":"64.2-2113","catch_line":"Proceedings in more than one state","url":"\/64.2-2113\/","token":"64.2\/IV\/D\/21\/2\/64.2-2113","metadata":false}],"next_section":{"id":66465,"structure_id":13961,"section_number":"64.2-2106","catch_line":"Exclusive basis","url":"\/64.2-2106\/","token":"64.2\/IV\/D\/21\/2\/64.2-2106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2105\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 518<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":60482,"section_number":"64.2-2001","catch_line":"Filing of petition; jurisdiction; instructions to be provided","order_by":null,"url":"\/64.2-2001\/"},{"id":82786,"section_number":"64.2-2002","catch_line":"Who may file petition; contents","order_by":null,"url":"\/64.2-2002\/"},{"id":64615,"section_number":"64.2-2101","catch_line":"International application of chapter","order_by":null,"url":"\/64.2-2101\/"},{"id":81003,"section_number":"64.2-2114","catch_line":"Transfer of guardianship or conservatorship to another state","order_by":null,"url":"\/64.2-2114\/"}],"refers_to":[{"id":62347,"section_number":"64.2-2107","catch_line":"Jurisdiction","order_by":null,"url":"\/64.2-2107\/"},{"id":81003,"section_number":"64.2-2114","catch_line":"Transfer of guardianship or conservatorship to another state","order_by":null,"url":"\/64.2-2114\/"}],"permalink":{"id":275659,"object_type":"law","relational_id":67419,"identifier":"64.2-2105","token":"64.2\/IV\/D\/21\/2\/64.2-2105","url":"\/64.2-2105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2105\/","token":"64.2\/IV\/D\/21\/2\/64.2-2105","dublin_core":{"Title":"Definitions; significant connection factors","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this article:\n\t\t\t“Emergency<\/span>” means a circumstance that likely will<\/span> result in substantial harm to a respondent<\/span>’s health, safety, or welfare, and for which the appointment of a guardian<\/span> is necessary because no other person has authority and is willing to act on the respondent<\/span>’s behalf.\n\t\t\t“Home state<\/span>” means the state in which the respondent<\/span> was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition<\/span> for a conservatorship order<\/span> or the appointment of a guardian<\/span>, or if none, the state in which the respondent<\/span> was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition<\/span>.\n\t\t\t“Significant-connection state<\/span>” means a state, other than the home state<\/span>, with which a respondent<\/span> has a significant connection other than mere physical presence and in which substantial evidence<\/span> concerning the respondent<\/span> is available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining under \u00a7 64.2-2107<\/a> and subsection E of \u00a7 64.2-2114<\/a> whether a respondent<\/span> has a significant connection with a particular state, the court<\/span> shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The location of the respondent<\/span>’s family and other persons required to be notified of the guardianship or protective proceeding<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The length of time the respondent<\/span> at any time was physically present in the state and the duration of any absence; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The location of the respondent<\/span>’s property; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The extent to which the respondent<\/span> has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS; SIGNIFICANT CONNECTION FACTORS (\u00a7 64.2-2105)\n\nA. In this article:\n\t\t\t“Emergency” means a circumstance that likely will result in\nsubstantial harm to a respondent’s health, safety, or welfare, and for\nwhich the appointment of a guardian is necessary because no other person has\nauthority and is willing to act on the respondent’s behalf.\n\t\t\t“Home state” means the state in which the respondent was\nphysically present, including any period of temporary absence, for at least six\nconsecutive months immediately before the filing of a petition for a\nconservatorship order or the appointment of a guardian, or if none, the state in\nwhich the respondent was physically present, including any period of temporary\nabsence, for at least six consecutive months ending within the six months prior\nto the filing of the petition.\n\t\t\t“Significant-connection state” means a state, other than the home\nstate, with which a respondent has a significant connection other than mere\nphysical presence and in which substantial evidence concerning the respondent is\navailable.\n\nB. In determining under \u00a7 64.2-2107 and subsection E of \u00a7 64.2-2114 whether a\nrespondent has a significant connection with a particular state, the court shall\nconsider:\n\n 1. The location of the respondent’s family and other persons required to\n be notified of the guardianship or protective proceeding;\n\n 2. The length of time the respondent at any time was physically present in the\n state and the duration of any absence;\n\n 3. The location of the respondent’s property; and\n\n 4. The extent to which the respondent has ties to the state such as voting\n registration, state or local tax return filing, vehicle registration,\n driver’s license, social relationship, and receipt of services.\n\nHISTORY: 2011, c. 518, \u00a7 37.2-1037; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}